MCA review – responses and changes

Following the consultation paper launched on 23 October 2008 by the Office of the Public Guardian (OPG) to review the forms, supervision and fees under the Mental Capacity Act 2005, 76 formal written responses were receive and four stakeholder events held in England and Wales, allowing professionals and non-professionals the voice their views.

The OPG states that the feedback was generally positive and the changes were broadly welcomed.

As of 1 April 2009, a new intermediate level of supervision, Type 2A, has been introduced for property and affairs deputyships. The new level has been created since experience has proved that there is often insufficient information at the start of the deputyship to make an informed decision about the appropriate level of supervision. The new level will provide more flexible protection and support and offer a more robust approach. More information on the new and existing supervision levels can be found in the OPG booklet OPG507 – A guide to supervision of deputies (http://www.publicguardian.gov.uk/forms/guidance_booklets.htm)

The OPG’s new fees structure

came into force on 1 April 2009, including the new reduced fee for the registration of LPAs (£120.00) and the fee for the new type 2A supervision level (£350.00). More details can be found at http://www.publicguardian.gov.uk/about/fees.htm

The consultation is only the first part over a much wider investigation over the next year and a half, ensuring a long conversation between the OPG and practitioners to improve the current system.